2014-01-20 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                     20 JANUARY 2014


A copy of the report to the Ordinary Meeting is included as Attachment 3.

The applicant decided to not wait for Sunshine Coast Council’s decision and instead elected to
commence proceedings with the Planning & Environment Court on the basis of a ‘deemed
refusal’. A ‘deemed refusal’ is made possible by the Sustainable Planning Act 2009 in the
circumstances where the decision period for the application expires before a decision is made by
the council. The decision period for the application expired on 1 November 2013, and the
applicant declined to agree to an extension to the decision period, despite officer’s advice that
the matter would be considered at Sunshine Coast Council’s Ordinary meeting in November
2013.

The appeal seeks that the development application be approved subject to appropriate lawful
conditions and provides the court with a number of grounds for approval including the
abandonment of use of the land for a bowls club and there is a demonstrable need for the
proposed development.

On the 18 December, the court gave directions including the following:

By Friday 24 January 2014 the Respondent and Co-Respondent by Election inform:

(a)   if it would approve the application, and in that event, the conditions that the Respondent
      should impose; or alternatively
(b)   if it would refuse the application, and in that event, the grounds that would be relied upon
      by the Respondent and Co-Respondent.



PREVIOUS COUNCIL CONSIDERATION

At their Ordinary Meeting on the 14 November 2013, Sunshine Coast Council resolved the
following:

A.    Note the commencement of appeal proceedings, appeal 4341 of 2013, by Multispan
      Australia Group Pty Ltd.

B.    Note the officer report regarding Application No. MCU13/0092 for a Development Permit for
      Material Change of Use (Entertainment & dining Type 1 – Food & beverages, Commercial
      Type 1 – Office, and Retail business Type 2 – Shop & Salon) situated at 5-7 Rufous Street
      Peregian Beach.



REPORT

Site Description

The site is zoned Open Space Recreation under The Noosa Plan and is located outside the
existing Peregian Beach village being approximately a 350m walk from the village. The Peregian
Beach Community House is situated just north of the site, with a council owned car park east of
the site. A number of residential dwellings and duplex dwellings otherwise surround the site,
apart from an office building and hotel located further south along David Low Way.




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